United States v. Oscar Flores

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that carrying a concealed weapon did not qualify as a violent crime under the “otherwise clause”
• remanding for resentencing because, inter alia, the district court erroneously believed it was prohibited from judicial fact-finding
• “[T]ellingly, the [ACCA] provides that the use—rather than the possession—of explosives is conduct that rises to the level of a violent felony.”
• “Section 924(e)(2)(B)(ii) . . . provides that the use— rather than the possession—of explosives is conduct that rises to the level of a violent felony.”
• “Apprendi is not triggered so long as the judicial findings of fact do not result in the defendant receiving a sentence that exceeds the statutory maximum.”
• “[T]he panel’s decision was unpublished and, therefore, not binding.”

Source: CourtListener parenthetical corpus (CC0).